YLLANA BAY VIEW COLLEGE

R.T.Lim St, Pagadian City, Zamboanga del Sur

First Prelim Examination

Criminal Law Book 1
Instructor: Atty. Rainier Rhett G. Concha
Set A
MULTIPLE CHOICE QUESTIONS (MCQs)
INSTRUCTIONS
Encircle the corresponding letter you have chosen. Avoid erasures. If you need to make corrections, put an X
the answer you want to change. Do not fold, roll, scratch, crumple or tear the test paper.
Answer first the MCQs completely before going to the essay-type questions.
HAND IN YOUR TEST PAPER TO THE WATCHER.
GOODLUCK!!!

PART I (2 points each) c. criminal law

d. Crème brû lée
1. It deals with the basic principles of 7. A type of crime which by its nature is
criminal law, felonies, circumstances inherently evil or wrong in and of
affecting criminal liability such as itself. The phrase is Latin and means
justifying, exempting, mitigating, "wrong in itself".
aggravating and alternative a. Actus Reus
circumstances including absolutory b. Mala in se
causes and extenuating c. Mala prohibita
circumstances. d. Crème brû lée
a. Revised Penal Code Book 1 8. A type of crime which by its nature is
b. Revised Penal Code Book 2 not inherently evil in and of itself but
c. Revised Penal Code Book 3 it is wrong because laws forbid them.
d. Revised Penal Code Book 4 Its Latin phrase literally translates to
2. It is the act revising the penal code "wrong because it is prohibited."
and other penal laws of the a. Actus Reus
Philippines. b. Mala in se
a. BP 22 c. Mala Prohibita
b. Refrigerator Act 9262 d. Ex nay mu day ka luv
c. Republic Act 9165 9. Mala in se crimes are punishable
d. Act 3815 under?
3. It is a branch of municipal law which a. Revised Penal Code
defines crimes, treats their nature, b. The Refrigerator Act
and provides for their punishment. c. Republic Act 9165
a. crime d. Special Penal Laws
b. criminal 10. Mala prohibita crimes are punishable
c. criminal law by?
d. Crème brû lée a. Revised Penal Code
4. The internal law of a country, as b. The Refrigerator Act
opposed to international law. c. Republic Act 9165
a. Municipal Law d. Special Penal Laws
b. City Ordinance 11. Mala in se crimes are called?
c. Provincial Ordinance a. Crimes
d. International Law b. Offense
5. It is an act or omission punishable by c. Felony
law. d. Infraction
a. crime 12. Mala prohibita crimes are called?
b. criminal a. Crimes
c. criminal law b. Offense
d. Crème brû lée c. Felonies
6. The act or omission that comprise the d. Infraction
physical elements of a crime as 13. Violation of local ordinance are
required by statute. called?
a. Actus Reus a. Crimes
b. criminal b. Offense
 c. Felonies
d. Infraction
14. Latin for "no crime without law." The
phrase reflects the principle in
criminal law and international
criminal law that a person cannot or
should not face criminal punishment
except for an act that was
criminalized by law before they
performed the act.
a. Actus Reus
b. Mala in se
c. Mala prohibita
d. Nullum crimen sine lege
15. Aspect of due process of law which
requires the existence of a criminal
law punishing an act before a person
can be held criminally liable.
a. Mountain Dew
b. Procedural Due Process
c. Substantive Due Process
d. Dew berry Process
16. Penal laws of the Philippines are
enforceable only within its territory.
The Constitution provides that: This is
the extent of the Philippine territory
as far as the Revised Penal Code is
concerned.
a Functional or Sociological
Approach
b. Religious and Theological
Approach
c. The Natural Law Theory
d. Principle of Territoriality
17. Penal laws of the Philippines binds all
people who live or sojourn in the
Philippines.
a Functional or Sociological
Approach
b. Religious and Theological
Approach
c. The Natural Law Theory
d. Principle of General
Application
18. Penal laws of the Philippines are
given prospective application except
if it is beneficial to the accused,
provided that the accused is not a
habitual delinquent
a Functional or Sociological
Approach
b. Religious and Theological
Approach
c. The Natural Law Theory
d. Prospective Application
19. Penal laws of the Philippines are
given retroactive application if it is
_________ to the accused?
a Functional or Sociological
Approach
b. Beneficial
c. The Natural Law Theory
d. Prospective Application
20. This is a legislation that declares a
party is guilty of a crime before trial.
It allows the government to punish a
party for a perceived crime without
first going through the trial process.
a. ex post facto law
b. bill of attainder
c. ex ney mo, day kay luv
d. bill of laden
21. A criminal statute that punishes
actions retroactively, thereby
criminalizing conduct that was legal
when originally performed.
a. ex post facto law
b. bill of attainder
c. ex ney mo, day kay luv
d. bill of laden
22. “The law is harsh, but it is the law.” A
maxim of Roman civil law meaning
that, however regrettable the
outcome of the legal decision may be,
the law must be proclaimed and
enforced.
a. Actus Reus
b. Dura Lex Sed Lex
c. Mala prohibita
d. Nullum crimen sine lege
23. A latin maxim which means that
“mistake in identity.”
a. Actus Reus
b. Error in personae
c. Praeter Intentionem
d. Ignorantia legis neminem excusat
24. A latin maxim which means that
“mistake in the blow.”
a. Abberatio Ictus
b. Error in Felatio
c. Felacio Ictus
d. Ignorantia Blow Job
25. A latin maxim which means that
“different from that which was
intended”
a. Actus Reus
b. Dura Lex Sed Lex
c. Praeter Intentionem
d. Ignorantia legis neminem excusat
26. A latin maxim which means that
“ignorance of the law excuses no one.”
a. Actus Reus
b. Dura Lex Sed Lex
c. Actus non facit reum, nisi mens sit
rea
d. Ignorantia legis neminem
excusat
27. A latin maxim which means that
“mistake of fact excuses.”
a. Actus Reus
b. Dura Lex Sed Lex
 c. Ignorantia facti excusat 31. The existence of such facts and
d. Ignorantia legis neminem excusat circumstances as would excite the
28. A latin maxim which means that “the belief in a reasonable mind that a
act cannot be criminal where the crime has been committed and the
mind is not criminal”. In other words, suspect is probably guilty thereof.
there is no mala in se crime without a. Due Process
any criminal intent. b. Probable Cause
a. Actus Reus c. Mountain dew
b. Dura Lex Sed Lex d. Saitama Cause
c. Actus non facit reum, nisi mens 32. No person shall be deprived of life,
sit rea liberty, or property without
d. Nullum crimen sine lege ________________ of law.
29. A latin maxim which means “guilty a. Due Process
mind”. In other words, there has to be b. State Process
a guilty mind to establish criminal c. Mountain Due
intent. d. Jurisdiction
a. Actus Reus
b. Dura Lex Sed Lex
c. Mens Rea
d. Nullum crimen sine lege
30. What year did the Revised Penal Code
took effect?
a. 2002
b. 1953
c. 1932
d. 1941

Test II (Essay)

1. What are three (3) sources of criminal laws in the Philippines? 5 points

2. What is the difference between mala in se and mala prohibita? 25 points

GOOD LUCK!